1. I GOT FLOWERS TODAYI GOT FLOWERS TODAY
I GOT FLOWERS TODAYI GOT FLOWERS TODAY
IT WASN’T MY BIRTHDAY OR ANY OTHERIT WASN’T MY BIRTHDAY OR ANY OTHER
DAY.DAY.
WE HAD OUR FIRST ARGUMENT LASTWE HAD OUR FIRST ARGUMENT LAST
NIGHTNIGHT
AND HE SAID A LOT OF CRUEL THINGSAND HE SAID A LOT OF CRUEL THINGS
THAT REALLY HURT METHAT REALLY HURT ME
I KNOW HE IS SORRY AND DIDN’T MEANI KNOW HE IS SORRY AND DIDN’T MEAN
THE THINGS HE SAIDTHE THINGS HE SAID
BECAUSE HE SENT ME FLOWERS TODAY.BECAUSE HE SENT ME FLOWERS TODAY.
2. I GOT FLOWERS TODAYI GOT FLOWERS TODAY
IT WASN’T OUR ANNIVERSARY OR ANYIT WASN’T OUR ANNIVERSARY OR ANY
OTHER SPECIAL DAYOTHER SPECIAL DAY
LAST NIGHT HE THREW ME INTO THELAST NIGHT HE THREW ME INTO THE
WALL AND STARTED TO CHOKE MEWALL AND STARTED TO CHOKE ME
IT SEEMED LIKE A NIGHTMARE I COULDN’TIT SEEMED LIKE A NIGHTMARE I COULDN’T
BELIEVE IT WAS REALBELIEVE IT WAS REAL
I WOKE UP THIS MORNING SORE ANDI WOKE UP THIS MORNING SORE AND
BRUISED ALL OVERBRUISED ALL OVER
I KNOW HE MUST BE SORRY…BECAUSEI KNOW HE MUST BE SORRY…BECAUSE
HE SENT ME FLOWERS TODAY.HE SENT ME FLOWERS TODAY.
3. I GOT FLOWERS TODAYI GOT FLOWERS TODAY
AND IT WASN’T MOTHER’S DAY OR ANYAND IT WASN’T MOTHER’S DAY OR ANY
SPECIAL DAYSPECIAL DAY
LAST NIGHT HE BEAT ME UP AGAIN. ANDLAST NIGHT HE BEAT ME UP AGAIN. AND
IT WAS MUCH WORSE THAN ALL THEIT WAS MUCH WORSE THAN ALL THE
OTHER TIMESOTHER TIMES
IF I LEAVE HIM WHAT WILL I DO? HOWIF I LEAVE HIM WHAT WILL I DO? HOW
WILL I TAKE CARE OF MY KIDS? WHATWILL I TAKE CARE OF MY KIDS? WHAT
ABOUT MONEY?ABOUT MONEY?
I’M AFRAID OF HIM AND SCARED TOI’M AFRAID OF HIM AND SCARED TO
LEAVE.LEAVE.
BUT I KNOW HE MUST BE SORRY…BUT I KNOW HE MUST BE SORRY…
BECAUSE HE SENT ME FLOWERS TODAY.BECAUSE HE SENT ME FLOWERS TODAY.
4. I GOT FLOWERS TODAY. TODAY WAS AI GOT FLOWERS TODAY. TODAY WAS A
VERY SPECIAL DAY. LAST NIGHT, HEVERY SPECIAL DAY. LAST NIGHT, HE
FINALLY KILLED ME.FINALLY KILLED ME.
HE BEAT ME TO DEATH.HE BEAT ME TO DEATH.
IF ONLY I HAVE GATHERED ENOUGHIF ONLY I HAVE GATHERED ENOUGH
COURAGE AND STRENGTH TO LEAVE HIM.COURAGE AND STRENGTH TO LEAVE HIM.
I WOULD NOT HAVE GOTTEN FLOWERSI WOULD NOT HAVE GOTTEN FLOWERS
TODAY.TODAY.
6. MYTHS OFVAWCMYTHS OFVAWC
Myth 1Myth 1
A man can doA man can do
whateverhe wantswhateverhe wants
to his wifeto his wife
7. THE TRUTH:THE TRUTH:
No man hastherightNo man hastheright
to beat hiswife.to beat hiswife.
Nothing awoman doesgivesaman theNothing awoman doesgivesaman the
right to hurt her, Even if hethinkssheright to hurt her, Even if hethinksshe
deservesit—even if sheherself thinksshedeservesit—even if sheherself thinksshe
deservesit.deservesit.
8. MYTHS OFVAWCMYTHS OFVAWC
Myth 2Myth 2
He wouldn’t beatHe wouldn’t beat
herif he didn’t loveherif he didn’t love
herso muchherso much
9. THE TRUTH:THE TRUTH:
Lovemeansshowing respect andLovemeansshowing respect and
kindnesskindness
Beating isnot asign of love.Beating isnot asign of love.
11. THE TRUTH:THE TRUTH:
Violenceisnot just aproblem ofViolenceisnot just aproblem of
poverty and ignorance.poverty and ignorance.
Violencecan happen in any Home: richViolencecan happen in any Home: rich
or poor, educated or lesseducated, inor poor, educated or lesseducated, in
thecity or in therural areas.thecity or in therural areas.
13. THE TRUTH:THE TRUTH:
Alcohol doesnot causeviolence,Alcohol doesnot causeviolence,
but it often makesit worse.but it often makesit worse.
Violenceisalso common in placesViolenceisalso common in places
wherepeopledo not drinkwherepeopledo not drink
alcoholalcohol
14. MYTHS OFVAWCMYTHS OFVAWC
Myth 5Myth 5
It’s theirbusiness.It’s theirbusiness.
It’s not right toIt’s not right to
interfere with privateinterfere with private
affairs of coupleaffairs of couple
15. THE TRUTH:THE TRUTH:
Violenceisasocial and communityViolenceisasocial and community
health problem.health problem.
Violenceisnot just afamily matter.Violenceisnot just afamily matter.
Many women arehurt or killed.Many women arehurt or killed.
16. MYTHS OFVAWCMYTHS OFVAWC
Myth 6Myth 6
It’s best fortheIt’s best forthe
children if she stays withchildren if she stays with
him. He can still be ahim. He can still be a
good fatherto them.good fatherto them.
17. THE TRUTH:THE TRUTH:
It isnot alwaysbetter for thefamilyIt isnot alwaysbetter for thefamily
when awoman stayswith aviolentwhen awoman stayswith aviolent
man. Heisteaching thechildrenman. Heisteaching thechildren
terrible, wrong waysto deal with theirterrible, wrong waysto deal with their
feelings, and about how women shouldfeelings, and about how women should
betreated.betreated.
18. THE TRUTH:THE TRUTH:
Heisnot being good to hisHeisnot being good to his
children if heisbeatingchildren if heisbeating
their mother or themtheir mother or them
19. REPUBLIC ACT 9262REPUBLIC ACT 9262
“ANTI-VIOLENCE AGAINST“ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDRENWOMEN AND THEIR CHILDREN
ACT OF 2004”ACT OF 2004”
(Anti-VAWC)(Anti-VAWC)
BY:BY: PROS. LOLITA G. LUMAPAT-LOMANTAPROS. LOLITA G. LUMAPAT-LOMANTA
OFFICE OF THE PROVINCIAL PROSECUTOR-CEBUOFFICE OF THE PROVINCIAL PROSECUTOR-CEBU
20. Violence against women and theirViolence against women and their
childrenchildren
-- refers to any act or a series of acts committedrefers to any act or a series of acts committed
by any person against a woman or against herby any person against a woman or against her
child whether legitimate or illegitimate, withinchild whether legitimate or illegitimate, within
or without the family abode, which result in oror without the family abode, which result in or
is likely to result in physical, sexual,is likely to result in physical, sexual,
psychological harm or suffering, or economicpsychological harm or suffering, or economic
abuse.abuse.
21. WomanWoman- refers to the following:- refers to the following:
1. wife1. wife
2. former wife2. former wife
3. one with whom the person has or had a3. one with whom the person has or had a
dating or sexual relationshipdating or sexual relationship
4. one with whom he has a common child4. one with whom he has a common child
22. ChildChild- person below 18 years of age or older- person below 18 years of age or older
but who is unable to fully take care ofbut who is unable to fully take care of
himself/herself from abuse, neglect, cruelty,himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of aexploitation or discrimination because of a
physical or mental disability or condition.physical or mental disability or condition.
23. ACT OR ACTS WHICH CONSTITUTEACT OR ACTS WHICH CONSTITUTE
VIOLENCE AGAINST WOMEN ANDVIOLENCE AGAINST WOMEN AND
THEIR CHILDRENTHEIR CHILDREN
PHYSICAL VIOLENCE -PHYSICAL VIOLENCE - refers to acts thatrefers to acts that
include bodily or physical harm. It includesinclude bodily or physical harm. It includes
causing, threatening, attempting to causecausing, threatening, attempting to cause
physical harm to the woman or her child orphysical harm to the woman or her child or
placing the woman or her child in fear ofplacing the woman or her child in fear of
imminent physical harm.imminent physical harm.
24. SEXUAL VIOLENCE -SEXUAL VIOLENCE - refers to an act whichrefers to an act which
is sexual in nature like rape, sexualis sexual in nature like rape, sexual
harassment, acts of lasciviousness, treating aharassment, acts of lasciviousness, treating a
woman or her child as a sex object, makingwoman or her child as a sex object, making
demeaning and sexually suggestive remarks,demeaning and sexually suggestive remarks,
forcing the wife and mistress/lover to live inforcing the wife and mistress/lover to live in
the conjugal home or sleep together in thethe conjugal home or sleep together in the
same room with the abuser, forcing thesame room with the abuser, forcing the
woman or her child to watch indecent showswoman or her child to watch indecent shows
or do indecent acts, or prostituting the womanor do indecent acts, or prostituting the woman
or child.or child.
25. PSYCHOLOGICAL VIOLENCE -PSYCHOLOGICAL VIOLENCE - refers torefers to
acts or omissions causing or is likely to causeacts or omissions causing or is likely to cause
mental or emotional suffering of the victim likemental or emotional suffering of the victim like
intimidation, harassment, stalking, peering inintimidation, harassment, stalking, peering in
the window or lingering outside the residencethe window or lingering outside the residence
of the woman or her child, entering orof the woman or her child, entering or
remaining in the dwelling or on the property ofremaining in the dwelling or on the property of
the woman or her child against his or her will,the woman or her child against his or her will,
destroying the property, public ridicule ordestroying the property, public ridicule or
humiliation, repeated verbal abuse and maritalhumiliation, repeated verbal abuse and marital
infidelity, or unlawful or unwanted deprivationinfidelity, or unlawful or unwanted deprivation
of the right to custody and/or visitation ofof the right to custody and/or visitation of
common children.common children.
26. ECONOMIC ABUSE -ECONOMIC ABUSE - refers to acts thatrefers to acts that
make or attempt to make a woman financiallymake or attempt to make a woman financially
dependent like withdrawal of financial supportdependent like withdrawal of financial support
or preventing the victim from engaging in anyor preventing the victim from engaging in any
legitimate profession, occupation or business,legitimate profession, occupation or business,
deprivation or threat of deprivation of financialdeprivation or threat of deprivation of financial
resources and the right to the use andresources and the right to the use and
enjoyment of their property, controlling theenjoyment of their property, controlling the
victim’s own money or properties or solelyvictim’s own money or properties or solely
controlling the conjugal money or properties.controlling the conjugal money or properties.
27. Remedies of the offended partyRemedies of the offended party
1. File a Petition for a Protection Order1. File a Petition for a Protection Order
2. File a Criminal Action for Violation of2. File a Criminal Action for Violation of
Anti-VAWCAnti-VAWC
3. File a Criminal Action with reservation3. File a Criminal Action with reservation
of a separate civil action; orof a separate civil action; or
4. File a Civil Action for Damages4. File a Civil Action for Damages
28. PROTECTION ORDERPROTECTION ORDER - an order issued for- an order issued for
the purpose of preventing or safeguardingthe purpose of preventing or safeguarding
further acts of violence against a woman orfurther acts of violence against a woman or
her child, minimizing any disruption in theher child, minimizing any disruption in the
victim’s daily life, and facilitating thevictim’s daily life, and facilitating the
opportunity and ability of the victim toopportunity and ability of the victim to
independently regain control over her life.independently regain control over her life.
29. KINDS OF PROTECTION ORDERKINDS OF PROTECTION ORDER
1. BARANGAY PROTECTION ORDER (BPO)1. BARANGAY PROTECTION ORDER (BPO) - issued- issued
by the Punong Barangay, or in his absence the Barangayby the Punong Barangay, or in his absence the Barangay
Kagawad, ordering the perpetrator to desist from causing orKagawad, ordering the perpetrator to desist from causing or
threatening to cause physical harm or bodily injury againstthreatening to cause physical harm or bodily injury against
the offended party. This is effective for 15 days.the offended party. This is effective for 15 days.
2. TEMPORARY PROTECTION ORDER (TPO)2. TEMPORARY PROTECTION ORDER (TPO) - issued- issued
by the court on the date of filing of the application or in theby the court on the date of filing of the application or in the
course of the hearing and effective for 30 days.course of the hearing and effective for 30 days.
3. PERMANENT PROTECTION ORDER (PPO)3. PERMANENT PROTECTION ORDER (PPO) - issued- issued
by the court after notice and hearing and effective untilby the court after notice and hearing and effective until
revoked by the court upon application of the person inrevoked by the court upon application of the person in
whose favor the order was issued.whose favor the order was issued.
30. RELIEFS GRANTED UNDER THERELIEFS GRANTED UNDER THE
PROTECTION ORDERPROTECTION ORDER
1. Prohibition from committing or threatening to commit acts of1. Prohibition from committing or threatening to commit acts of
violence;violence;
2. Prohibition from harassing, annoying, telephoning, contacting2. Prohibition from harassing, annoying, telephoning, contacting
or communicating with petitioner;or communicating with petitioner;
3. Removal or exclusion of respondent from residence of3. Removal or exclusion of respondent from residence of
petitioner, regardless of ownership of the residence, eitherpetitioner, regardless of ownership of the residence, either
temporarily or permanently;temporarily or permanently;
4. Directing respondent to stay away from the residence,4. Directing respondent to stay away from the residence,
school, place of employment of petitioner or designatedschool, place of employment of petitioner or designated
family or household member;family or household member;
31. 5. Directing lawful possession and use by petitioner of5. Directing lawful possession and use by petitioner of
an automobile and other essential personal effects,an automobile and other essential personal effects,
regardless of ownership;regardless of ownership;
6. Granting a temporary or permanent custody of a6. Granting a temporary or permanent custody of a
child/children to petitioner;child/children to petitioner;
7. Directing respondent to provide support to the7. Directing respondent to provide support to the
woman and/or her child if entitled to legal support;woman and/or her child if entitled to legal support;
8. Prohibition to use, possess any firearm or deadly8. Prohibition to use, possess any firearm or deadly
weapon and to surrender the same to the courtweapon and to surrender the same to the court
including revocation of license and disqualificationincluding revocation of license and disqualification
to apply for license;to apply for license;
32. 9. Actual damages;9. Actual damages;
10. Directing DSWD or any appropriate10. Directing DSWD or any appropriate
agency to provide temporary shelter;agency to provide temporary shelter;
therapy, counseling, andtherapy, counseling, and
11. other reliefs11. other reliefs
33. WHO MAY FILE PETITION FORWHO MAY FILE PETITION FOR
PROTECTION ORDERPROTECTION ORDER
1. offended party1. offended party
2. parents or guardian2. parents or guardian
3. ascendants, descendants and other relatives3. ascendants, descendants and other relatives
4. Social Worker4. Social Worker
5. Police Officer5. Police Officer
6. Punong Barangay or kagawad6. Punong Barangay or kagawad
7. Lawyer, counselor or therapist7. Lawyer, counselor or therapist
8. Two (2) concerned and responsible citizens8. Two (2) concerned and responsible citizens
34. WHERE TO APPLY FOR A PROTECTIONWHERE TO APPLY FOR A PROTECTION
ORDERORDER
BPO-BPO- in the Barangay where the parties residein the Barangay where the parties reside
or where the respondent resides.or where the respondent resides.
TPO and PPOTPO and PPO- in the Family Court where the- in the Family Court where the
petitioner resides. If none, in the RTC, MeTC,petitioner resides. If none, in the RTC, MeTC,
MTCC, MTC or MCTC where the petitionerMTCC, MTC or MCTC where the petitioner
resides.resides.
35. PENALTIESPENALTIES
a.Causing physical harm to the woman or her childa.Causing physical harm to the woman or her child
1. if constituting1. if constituting attempted, frustrated orattempted, frustrated or
consummated parricide or murder orconsummated parricide or murder or
homicide or mutilationhomicide or mutilation – punished in– punished in
accordance with the provisions of the Revisedaccordance with the provisions of the Revised
Penal Code;Penal Code;
2. if constituting2. if constituting serious physical injuriesserious physical injuries – penalty– penalty
ofof prision mayor;prision mayor;
3. if constituting3. if constituting less serious physical injuriesless serious physical injuries ––
punished bypunished by prision correccional;prision correccional; andand
4. if constituting4. if constituting slight physical injuriesslight physical injuries – punished– punished
byby arresto mayor.arresto mayor.
36. b. Threatening to cause the woman or her childb. Threatening to cause the woman or her child
physical harm – imprisonment of two (2)physical harm – imprisonment of two (2)
degrees lower than the prescribed penalty fordegrees lower than the prescribed penalty for
the consummated crime but shall in no case bethe consummated crime but shall in no case be
lower thanlower than arresto mayor.arresto mayor.
c. Attempting to cause the woman or her childc. Attempting to cause the woman or her child
physical harm – punished byphysical harm – punished by arresto mayor.arresto mayor.
d. Placing the woman or her child in fear ofd. Placing the woman or her child in fear of
imminent physical harm – punished byimminent physical harm – punished by arrestoarresto
mayor.mayor.
37. e. Attempting to compel or compelling thee. Attempting to compel or compelling the
woman or her child to engage in conductwoman or her child to engage in conduct
which the woman or her child has the rightwhich the woman or her child has the right
to desist from or to desist from conductto desist from or to desist from conduct
which the woman or her child has the rightwhich the woman or her child has the right
to engage in, or attempting to restrict orto engage in, or attempting to restrict or
restricting the woman’s or her child’srestricting the woman’s or her child’s
freedom of movement or conduct by forcefreedom of movement or conduct by force
or threat of force, physical or other harmor threat of force, physical or other harm
or threat of physical or other harm, oror threat of physical or other harm, or
intimidation directed against the woman orintimidation directed against the woman or
her child – punished byher child – punished by prisionprision
correccional.correccional.
38. f. Inflicting or threatening to inflict physical harm onf. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling heroneself for the purpose of controlling her
actions or decisions – punished byactions or decisions – punished by arrestoarresto
mayor.mayor.
g. Causing or attempting to cause the woman org. Causing or attempting to cause the woman or
her child to engage in any sexual activity whichher child to engage in any sexual activity which
does not constitute rape, by force or threat ofdoes not constitute rape, by force or threat of
force, physical harm, or through intimidationforce, physical harm, or through intimidation
directed against the woman or her child ordirected against the woman or her child or
her/his immediate family – punished byher/his immediate family – punished by prisionprision
mayor.mayor.
39. h. Engaging in purposeful, knowing, orh. Engaging in purposeful, knowing, or
reckless conduct, personally or throughreckless conduct, personally or through
another, that alarms or causesanother, that alarms or causes
substantial emotional or psychologicalsubstantial emotional or psychological
distress to the woman or her child –distress to the woman or her child –
punished bypunished by prision mayor.prision mayor.
i. Causing mental or emotional anguish,i. Causing mental or emotional anguish,
public ridicule or humiliation to thepublic ridicule or humiliation to the
woman or her child – punished bywoman or her child – punished by
prision mayor.prision mayor.
40. BATTERED WOMAN SYNDROMEBATTERED WOMAN SYNDROME
(BWS) -(BWS) - refers to a scientifically definedrefers to a scientifically defined
pattern of psychological and behavioralpattern of psychological and behavioral
symptoms found in women living insymptoms found in women living in
battering relationships as a result ofbattering relationships as a result of
cumulative abuse. This is a novelcumulative abuse. This is a novel
defense where victim-survivors do notdefense where victim-survivors do not
incur criminal and civil liability.incur criminal and civil liability.
People of the Phil. Vs.Marivic GenosaPeople of the Phil. Vs.Marivic Genosa
GR No. 135981, January 15,GR No. 135981, January 15,
20042004
41. PROCEDURE IN FILINGPROCEDURE IN FILING
CRIMINAL CASECRIMINAL CASE
Complainant
files complaint
Police or other law
enforcement agency
Office of
the Prosecutor
Documents which may be
Submitted include:
affidavit of complainant,
affidavits of witnesses,
Medical Certificate,
Marriage Certificate,
Police Report
, etc.
42. PROCEDURE IN FILINGPROCEDURE IN FILING
CRIMINAL CASECRIMINAL CASE
Conducts case
(build-up
investigation)
Police or
other law
enforcement
agency
Files Complaint
with Prosecutor
Office
Of the
Prosecutor
43. PROCEDURE IN FILINGPROCEDURE IN FILING
CRIMINAL CASECRIMINAL CASE
Preliminary
Investigation
Office
Of the
Prosecutor
Is there
probable
cause?
Dismisses
Complaint
Files
Information
with proper
court
NO YES